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Heartbroken (T)     04 April 2012

Got divorce but...

Greetings,

I would like to share a good news to all the members of LCI that I FINALLY GOT DIVORCE.

I must thank experts like Sonee Kapoor and Tajobsindia and every member of LCI.Thanks for your lending support in trying times.

 

After the initial gratification settled and series of congratualations accepted I have some questions regarding the judgement.I would be grateful if anyone throw some light.It would certainly bring a sense of relief which I am deprived of for long.

 

I rather refresh your memory at the cost of repetition.Married on 25.01.10;Wife left on 14.04.10;Wife filed divorce petition with cruelty grounds on 11.11.11;I filed written petition on 19.01.12 where I denied all the allegations,mentioned her cruelty,and stated no objection for divorce;wife agreed for mutual divorce unconditionally(surprised).30.03.12 was the date for her evidence/proof/reconciliation and the petititon for mutual divorce was also filed that day.

 

ON 30.03.12 she told the judge repeatedly that she could not live with me due to 'her adjustment problems with me'.When judge asked for my objection I told I denied the false allegations but also mentioned in the w/s my no objection to divorce;judge asked for the paragraph no. where that no objection was mentioned which I told him as I knew the statement by heart. My advocate cited some supreme court judgement of conversion of divorce case to mutual divorce.And to my surprise judge allowed the conversion and ordered for a decree of divorce on mutual consent immediately.I got the certified copy of the order.I did not expect it to be that quick.I have some doubts.

 

  1. I read somewhere that no district court can waive off the mandatory six months waiting period for mutual divorce.Please note that 6 months have not elapsed neither from the first petition of contested divorce nor the mutual divorce. IS THIS JUDGEMENT WORNG/INVALID?In that case HAVE SERIOUS EFFECT ON ME.
  2. CAN THE JUDGE ORDER DIVORCE WITHIN 6 MONTHS IN THE CONTESTED  DIVORCE CASE? I asked this because may be he anyway would have been granted divorce after seeing there is no chance of reconciliation and quickens his actions after our filing the joint petition for mutual divorce.
  3. In the order it is clearly mentioned that the divorce is granted on mutual consent of the parties.I heard generally there is no appeal for revision of mtutal divorce unless charges of getting the consent by fraud or force.Suppose neither my wife files an appeal for revision nor I(certainly) what will happen in the above two scenarios.

 

My advocate says to relax and feel free from all the legal burdain.I can after I get the answers.

 

Regards,

 

Heartbroken

 

 



Learning

 14 Replies

Arvind Singh Chauhan (advocate)     04 April 2012

If there is no revision or apeal you should not bother, get relaxed now and hope for best ahead.

Heartbroken (T)     04 April 2012

Originally posted by :arvind
"
If there is no revision or apeal you should not bother, get relaxed now and hope for best ahead.
"

Thank you for your reply.The time for an apeal for revision is 30days from the date of order in divorce case in district courts right?


Regards,

Heartbroken

 

P.S. I am still awaiting for the answers of the questions I raised here.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 April 2012

Dear Querist

once one month period has expaired she can not do any thing

Heartbroken (T)     04 April 2012

Originally posted by :arvind
"
If there is no revision or apeal you should not bother, get relaxed now and hope for best ahead.
"

Thank you for your reply.The time for an appeal for revision is 30days from the date of order in this case right?

Regards,

Heartbroken

 

P.S. I am still awaiting the answers of the questions I raised.

Heartbroken (T)     04 April 2012

Originally posted by :Nadeem Qureshi 9953809956, 925
"
Dear Querist

once one month period has expaired she can not do any thing
"

 

 

Thank you for your reply.I hope she does not go for an appeal for revision since they had already started searching for a boy for her while the case was ongoing.And it is a mutual divorce so she has to prove fraud/force etc. right?

 

BUT what are the answers for the first two questions?

 

Regards,

 

Heartbroken

rahul (director)     04 April 2012

i don't understand how u got divorce on first date of mutual application filing, it is surprized, 

it always after 6 month.

 

did u got divorce decree?

where are u from?

 

Heartbroken (T)     04 April 2012

@ rahul,

 

Thank you for your reply.I am surprized too.That's why I raised this query.Please read this thread I clearly mentioned the details.Could it be the situation I mentioned in the No.2 of my first post in this thread?

 

I am anxious and afraid though everyone including my advocate says to relax.

 

Regards,

 

Heartbroken

rahul (director)     04 April 2012

where r u from?

Heartbroken (T)     04 April 2012

Originally posted by :rahul
"
where r u from?
"

 

What does it matter? I am a resident Indian bound by Indian Family Law.

 

Here I asked some legal questions which are still unanswered.

 

Regards.

Pooja_____ (HR)     04 April 2012

It is good if no one files appeal.

I think, time limit for appeal is 90 days (excluding the time spent in getting certified copy of decree).  Appeal can be filed later also with an application to condone the delay (with convincing reasons, of course).

Heartbroken (T)     04 April 2012

Originally posted by :parora
"
It is good if no one files appeal.

I think, time limit for appeal is 90 days (excluding the time spent in getting certified copy of decree).  Appeal can be filed later also with an application to condone the delay (with convincing reasons, of course).
"

 

The little I know that time limit for appeal for contested divorce in lower courts is 90 days and 30 days for mutual divorce.

 

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

once 90 days pass. relax

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Heartbroken (T)     06 April 2012

Originally posted by :Shonee Kapoor
"
once 90 days pass. relax

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com
"

 

Thanks a lot Shonee Kapoor. Sorry for the spelling mistake(a mere typo) of your name in the first post.

 

You mean in case of mutual divorce the period for appeal for revision is 90 days in district courts?

 

Sorry to differ but I read in some threads in this forum that in case of mutual divorce there generally is not any appeal as the parties gave their consent(no objection) in the joint petition;but for safety one should wait for 30 days.My advocate also says that.

 

Presently I am in no mood for 2nd marriage but how long one should wait for that in case of mutual divorce?

 

Please forgive my ignorance would you be kind enough to throw some light?

 

Regards,

Heartbroken

rahul (director)     06 April 2012

im not able to understand why LD members are not geting the point properly and are not giving true advice.

if it is mutual divorce u/s 13 B (1) and (2), there is not need to wait even 1 day.. if you get divorce today. you can marry tommrow,

appeal always on some contested judgement... and mutual divorce is not a judgement.

@ heartborken

since your divorce is done in one shot.. then no one can comment untill see the facts of case.

i before ask you.. which city u r from,.. are u in delhi? if yea.. please tell me the name of judge,, this can be helpful for me too.

i can also ask from judge same way.

please reply


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